Case Management Conference (CMC) is when the judge brings in both parties to talk on how to handle the case. The Case management conference is held around 120 to 180 days after filing for a lawsuit. The case management conference lasts for about 30 minutes to 2 hours long.

During this conference, various questions will be brought to attention. They include whether everyone named in the lawsuit has been served or has appeared in the case, whether there are issues with the jurisdiction or venue, and how long it is expected to take in trial days to resolve the case. 

In this blog, we will discuss the overall journey from before the Case Management Conference till the outcome of a CMC. 

So, sit back and let’s start this journey.

Step-by-Step Breakdown of a Case Management Conference

Introduction

The judge will introduce themselves and quickly summarize why the conference is being held.

Everyone will then introduce themselves and their legal representatives.

Review the Case Management Statement

Both parties will hand over their Case Management Statement, outlining important facts, legal arguments, and proposed timelines for discovery and other pre-trial procedures. 

Identifying Key Issues

The judge will directly ask questions to find out the primary disputes and legal questions in the case.

Discussion of Discovery

After questions are answered, parties will discuss the outlined discovery plan, including document requests, depositions, and interrogatories, and any potential issues with discovery.  

Setting Deadlines

A deadline will be established for completing discovery, filing motions, and other pre-trial activities. With the help of a legal case management software, everything is kept on track and accessible. 

Exploring Settlement Possibilities

During this step, the judge is trying to convince both parties to discuss potential settlement options. Also, the judge may facilitate mediation or other alternative conflict resolution methods. 

Scheduling Future Hearings

Depending on how the case is progressing, the judge might schedule extra case management conferences, status hearings, or a trial date. 

Issuing the Case Management Order

Coming to a conclusion, the judge will then issue the final written order, summarizing the key decisions made during the overall conference. This includes deadlines, discovery parameters, and any other important instructions.

Participants Involved in a Case Management Conference

In a Case Management Conference, the participants usually include:

• The Judge: the one overseeing the case
• The Attorneys: the legal representation of each party, they are responsible for negotiating with the opposing counsel.
• The Plaintiff: the person filing the lawsuit 
• The Defendant: the person being sued  

NOTE:

• No Witnesses: since a CMC is not a trial, it doesn’t require a witness to be present. However, there are exceptions to this rule too. 
• Local Rules: Rules differ from state to state, so attendance will vary depending on the jurisdiction and local court rules. 

Typical Duration of a Case Management Conference

A typical case management conference lasts around 30 minutes to 2 hours long depending on the complexity of the case and the jurisdiction. However, there is a chance of the CMC extending to another date, if necessary. 

Factors Influencing Case Management Conference Duration

Here are some key factors that influence the timeframe of a Case management conference:

Case Complexity

A complex case with numerous legal issues or twisted fact-based disputes tend to require longer CMCs to thoroughly address all sides. 

Number of Parties

When the case involves more parties, it can result in longer conferences. This is because the judge is required to listen to each party’s perspective and manage any possible disagreements.

Preparation Level of Parties

Another reason a Case Management Conference could take longer than necessary is if the parties involved are not well prepared with the required data and documents.  

Settlement Potential

A CMC can be shorter if a chance settlement is visible between the parties. 

Discovery Issues

Unsettled conflicts at the time of discovery can stretch the Case management conference since the judge will need to thoroughly evaluate everything and potentially rule on motions. 

Judge’s Management Style

Mostly, judges want structured and efficient conferences. Some exceptions might be open to discussions, which will affect the overall time spent during a specific case. 

Local Court Rules

Rules differ from area to area, in that sense the scope of a Case Management conference in a particular jurisdiction can influence the length of the conference.

Other Factors To Consider At A CMC:

Initial vs. Follow-up CMC

In the first appointment, the judge will need time to establish a solid case management plan, however the meetings after that will be much shorter as everything is structured and progress is made.

Case Type

Highly sensitive and complex cases such as high-stakes criminal matters will require extra CMC sessions compared to other cases.

Technological Usage

Efficient usage of tech such as video conferencing can streamline the conference leading to a shorter timespan.

What To Expect At A Case Management Conference, Also Known As A CMC?

A scheduled CMC notice is sent to the parties once a case is filed. Questions regarding whether there are any problems with the jurisdiction or venue or how long it is expected to take in trial days to resolve the case. 

This is for California alone, they have a jurisdiction CMC-110 called the Case Management Conference Statement. This form will help you to prepare responses to basic questions. In California, it is mandatory to submit the filled up form in advance of the CMC hearing.

The Purpose

A case management conference is not a type of trial, it’s simply a hearing that is set by the judge. Its main objective is to try to settle most of it if possible the whole issue in the case before the trial. 

In the conference, the status of the case is reviewed. This includes the following items:

• The issues in the case.
• The discovery.
• The motions that have been filed for the case.

The Judge’s Expectations in Case Management Conference

The judge will be waiting for both party attorneys to provide an update on the status of the case; for example, the judge will ask if discovery is progressing as planned and a proposed timeline for future proceedings.

By the end of this conference, the judge needs a clear picture of where the case stands and what the next move is going to be: Trial or Resolution.

Here are the key info the judge would want to know:

• Case Status

Have all the parties been served? 

Are there any motions pending?

Are there any outstanding discovery issues?

• Discovery Plan

A set time plan for completing discovery. This should include the number of witnesses and anticipated length of the trial.

• Trial Readiness

A trial schedule is set including number of witnesses and anticipated length of the trail.  

• Alternative Dispute Resolution (ADR)

In this part, the judge clarifies if the parties have considered mediation or arbitration as a means to resolve the case.

• Potential Issues

Any anticipated issues or complications that might arise in the case.   

Preparing for a Case Management Conference

1: Meet and Confer

In this article, we will cover the rules binded to the populous staying in California. Before each case management conference, at least 30 days before, both sides need to either meet in person or talk over the phone. 

The “Meet and confer” confrontation is usually preferred over the phone. Here is a list of topics and issues one could cover in California Rule of Court 3.724 and 3.727.

Here are some examples you could choose to discuss:

• Scheduling

When do you think you’ll be fully prepared for the trial? What dates you and the other side as well as the witnesses are able to sit for trial (this is if the trial date has yet to be set).  

• Settlement

If the gap of disagreements between the parties are not too big, you should try settling the case amongst each other, or with the judge during the CMC and avoid going to trial.

If reaching an agreement is possible before meeting the judge, you can instead ask to schedule a settlement conference earlier. 

• Discovery

This time around, you have the opportunity to ask for more time on discovery if needed, addressing any objections pointed out during requests for discovery. Discuss any issue that you think might come up during discovery.

• Scope of the Trial

Thinking of a way to shorten the scope of the trial will save time. For instance, if both sides can agree that certain issues can be dismissed, they will not need to be proved during trial.

Giving more time to focus on the matter they don’t agree upon.

• Jury or Court Trial

Does either party want a jury trial?

2: Fill out a Case Management Statement

First, both parties need to fill up the CM-110 form.

Filling up the information will help you prepare for the case so the court is well-informed about it. This gives them an idea about how long the trial will take and what the other options to trial you are willing to participate in.

You must make 3 copies of this filled out form.

3: Serve the Case Management Statement

Only another adult – a server – can mail the Case management statement with a completed and dated but unsigned copy of the Proof of Service (POS-030 form). This will help you fill in the top part of the form with the case and court information. 

Note! Your server has to be 18+ and not part of your case. After mailing the papers, the server signs the Proof of Service. For your own documentation, make a copy of your Proof of Service form.

4: File the Case Management Statement with the Court

The Case Management Statement and the Proof of Service form needs to be filed at least 15 days before the conference is scheduled. 

The Outcome of a Case Management Conference

The Case Management Conference is not necessarily where the last decision is made, unless the parties can agree on all issues in the case.

During conference discussions take place and all matters are clearly put out in the open for the Judge to come to a clear understanding on the case’s standing point. 

Final decisions are usually declared at trial by a judge.

Tips for Preparing for a Case Management Conference

Preparation is Key

Both attorneys should come with all bases covered so they can discuss all aspects of the case. All essential documents must be at hand, ready to present.

No Argumentation

A case management conference isn’t the place to argue the merits of the case. It is simply a chance to provide updates and discuss procedural matters. 

Court Specific Rules

Before filing a case, it is crucial that you check the local court rules regarding case management conferences.

Pretrial Conference

Pretrial Conference is a gathering between the defendant, their attorney, and the prosecuting attorney to make a final discussion about the possibility of resolving the case before the trial.

This assembly is held to ensure that all involved individuals are on top of things regarding the trial. 

	Pretrial Conference	Case Management Conference
Purpose	It is a meeting between the judge, attorneys, and parties to discuss the case and resolve any outstanding issues before the trial.	This is a meeting between the judge and both the parties to put together a roadmap for the case, manage the litigation process, and identify potential issues that could arise before the trial.
Timing	Typically takes place right before the trial date.The opportunity for a final review of the case and a chance to resolve any remaining disputes.	This takes place at the beginning after the initial pleadings and discovery have been completed.
Scope	The trial schedule, jury instructions, witness lists, and any other relevant matters will be discussed.	The court will discuss the case’s schedule, the parties’ responsibilities, and any potential disputes that could arise.
Key Considerations	The possibility of settlement may be discussed during this conference.Besides, parties will have an opportunity to address any outstanding issues or concerns.	In this conference, the court insists that the parties consider settling and try to resolve the case efficiently.

While Case management conference focuses on streamlining the legal case process and creating a proper structured timetable for the case; Pretrial conference focuses on simplifying the trial process and resolving issues before trial. 

Frequently Asked Questions

1. What happens at a CMC in California?

Attendance of both parties is mandatory. The judge questions both parties whether there was an attempt to settle the case and if everyone filled their papers on time.

With settlement still an option, the judge can help you choose a good process for working the settlement out.

If you do not wish to settle, the judge will help you schedule a trial date. 

2. Do I need to serve the Case Management Statement in California? 

Yes, in California, each party is required to serve the case management statement to all other parties at least 15 days before the scheduled date for the CMC. 

3. What happens if you miss a Case Management Conference?

The following things can happen:

Fines: A fine could be charged for failing to attend the CMC

Rescheduling: There is a possibility that the court might provide you with another opportunity to show up to the case management conference

Dismissal of the Case: the case may be dismissed although incase you fail to appear at the case management conference and subsequent hearings.

Order to Show Cause: Let’s say you forget to file a Case management statement, you will be asked to complete an Order to Show Cause where you are required to explain why you missed the deadline.

Additional Hearings: You will need to attend additional hearings to explain your absence and face further penalties.  

4. What happens if you don’t file a Case Management Statement?

You will inconvenience the court and must complete an Order to Show Cause explaining why you missed the deadline. This statement will update your progress on the case and it also outlines dates on which you will be unable for further hearings or trial.